PE/S3/08/04M

4th Meeting, 2008 (Session 3)

Tuesday 4 March 2008

Present:

Apologies were received from Angela Constance MSP.

Also present: Jackie Baillie MSP.

The meeting opened at 2.01 pm.

1. Decision on taking business in private:  The Committee agreed to take item 4 in private.

2. Consideration of new petitions: The Committee considered and agreed action on the following new petitions—

PE1126 Petition by Lesley Learmonth on behalf of ENABLE Scotland, calling for the Scottish Parliament to urge the Scottish Government to consider and debate the need to amend legislation to ensure people with learning disabilities in Scotland have an enforceable right to the services of an independent advocate and that such services are adequately funded.  

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Scottish Independent Advocacy Alliance, NHS Quality Improvement Scotland, Scottish Health Council, Citizens Advice Scotland, Mental Welfare Commission and the Scottish Prison Service.

PE1123 Petition by Stephen Fyfe, on behalf of Diabetes UK Scotland, calling on the Scottish Parliament to urge the Scottish Government to ensure that all NHS Boards provide the necessary resources to promote and deliver diabetes self management plans to all people with diabetes.  

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, NHS Quality Improvement Scotland, Cross Party Group on Diabetes, Royal College of Nursing (Scotland), Royal College of General Practitioners Scotland and the Long Term Conditions Alliance Scotland.

The meeting was suspended at 3.10 pm and resumed at 3.17 pm.

PE1124 Petition by Louise Robertson, on behalf of the League Against Cruel Sports, Advocates for Animals, the International Otter Survival Fund and Hessilhead Wildlife Rescue, calling for the Scottish Parliament to urge the Scottish Government to amend the Nature Conservation (Scotland) Act 2004 to introduce provisions to ban the manufacture, sale, possession and use of all snares.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Scottish Countryside Alliance, Scottish Estates Business Group, Scottish Society for the Prevention of Cruelty to Animals, Woodland Trust for Scotland, Association of Chief Police Officers in Scotland, British Veterinary Association, Scottish Gamekeepers Association, National Farmers Union Scotland, Scottish Crofting Foundation and the Royal Society for the Protection of Birds.

PE1117 Petition by Rosalind Newlands, President of the World Federation of Tourist Guides, on behalf of members of the Scottish Tourist Guides Association, calling on the Scottish Parliament and the Scottish Government to permanently secure for the people of Scotland the sculpture by Ronald Rae, known as the Lion of Scotland, which is temporarily exhibited in Holyrood Park until March 2008.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Parliament’s Arts Advisory Group, the Scottish Parliamentary Corporate Body and Historic Scotland.

PE1118 Petition by Josey Rowan calling on the Scottish Parliament to urge the Scottish Government to bring forward legislation to ban the killing of animals through methods such as the shechita and the dhabiha, and require the stunning of all animals before slaughter.  

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Advocates for Animals, Farm Animal Welfare Council UK, Muslim Council of Scotland, Scottish Council of Jewish Communities, Scottish Interfaith Council, Scottish Society for the Prevention of Cruelty to Animals and the Scottish Islamic Foundation.

PE1119 Petition by Phillip Flanders calling on the Scottish Parliament to urge the Scottish Government to make representations to the UK Government on the impact on the road haulage industry of recent fuel price increases; press for a freeze in fuel duty while the average price remains at or over £0.90ppl pump prices; and for a fuel duty regulator based on additional ""windfall"" revenue to offset fuel price rises beyond forecasts.  

The Committee agreed to seek a response to the issues raised in the petition from the Scottish Government.

PE1120 Petition by Brian McNair calling for the Scottish Parliament to urge the Scottish Government to review its family law policies and spending levels to ensure that greater emphasis and funding is attached to family mediation services and in providing more focussed family support to children.  

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Family Mediation Scotland, Scottish Child Law Centre, Centre for Research on Families and Relationships, Children 1st, Scottish Women’s Aid and Scotland’s Commissioner for Children and Young People.

PE1121 Petition by James Bell calling on the Scottish Parliament to consider and debate the re-introduction of the Environmental Levy on Plastic Bags (Scotland) Bill.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Scottish Environment Protection Agency, Scottish Retail Consortium, Waste Aware Scotland and Mike Pringle MSP.

PE1127 Petition by Ewan Irvine calling on the Scottish Parliament to urge the Scottish Government to make representations to the Home Secretary to reconsider the decision to refuse a posthumous pardon to Helen Duncan, the last person to be imprisoned under the Witchcraft Act 1735.  

The Committee agreed to close this petition on the grounds that a decision on this issue has been made by the Home Secretary within the last year and that neither the Scottish Parliament nor the Scottish Government could overturn a decision made by an English court.   

PE1128 Petition by Ewan Irvine, on behalf of Full Moon Investigations, calling on the Scottish Parliament to urge the Scottish Government to take necessary action to grant a posthumous pardon to all persons convicted in Scotland under all Witchcraft legislation.  

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Scottish Interfaith Council, University of Edinburgh and the Equality and Human Rights Commission.

PE1129 Petition by Paul Dowsland, on behalf of Rights Advice Scotland, calling on the Scottish Parliament to urge the Scottish Government to ensure that adequate resources are made available to local authorities to ensure that no family is driven into poverty as a consequence of meeting the cost of arranging a funeral and for the Scottish Government to make representations to the UK Government on the funding levels and eligibility criteria under the social fund funeral payments scheme.  

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, National Association of Funeral Directors, Office of Fair Trading, Law Society of Scotland, Highland Council, North Lanarkshire Council, Glasgow City Council and Angus Council.

3. Notification of new petitions: The Committee noted the new petitions lodged since the last meeting.

4. Forthcoming work programme (in private): The Committee considered a paper on its forthcoming work programme and agreed the following—

(a) Petitions PE1086 and PE1091
That, in terms of petitions PE1086 and PE1091, to invite the Chief Executives and the Chairmen of Greater Glasgow and Clyde NHS Board and NHS Tayside  to give oral evidence before the Committee on issues arising from these petitions and that this oral evidence meeting will take place on 15 April 2008.

(b) Petition PE1108
(i) The terms of its remit for its inquiry into the issues arising out of petition PE1108 will be—

‘An inquiry into the provision, on the NHS, of cancer treatment drugs and whether there is equity across NHS boards of the appropriateness, effectiveness and availability of such drugs and whether there is parity between the cancer drug treatment regime and other life threatening or other terminal conditions.’

(ii) To invite written evidence in response to the following broad questions—

Whether the roles fulfilled by local area drug and therapeutic committees, the Scottish Medicines Consortium, NHS Quality Improvement Scotland and the National Institute for Health and Clinical Excellence are clearly defined when undertaking clinical, scientific and cost-effectiveness assessment on the use of cancer treatment drugs and the guidance that is subsequently issued to NHS Boards and clinicians?

In terms of the number and roles that these bodies play—

• do any anomalies or contradictions exist and is there any duplication of roles?
• are resources being used constructively and efficiently and are there inefficiencies as a result of all these bodies?
• how is effective communication maintained across and amongst these bodies?

Do any anomalies exist in terms of the roles played by these bodies when considering drug treatments for other life threatening and terminal conditions and how can such anomalies be resolved?

What action and steps need to be taken to streamline the roles played by these bodies and the processes involved and why are these not being taken?

What requirement is there for an NHS Board to adhere to advice and guidance issued by the Scottish Medicines Consortium and NHS Quality Improvement Scotland (which recommends NICE guidance to the NHS in Scotland and which supersedes SMC guidance) on the approval and use of cancer treatment drugs?

Is implementation of guidance across NHS Boards variable and if so, what checks and balances are in place to address this?

What assessment is done of how individual clinicians apply such guidance?

Do any anomalies exist in terms of the implementation of guidance on cancer treatment drugs and guidance on drug treatments for other life threatening or terminal illnesses and how can such anomalies be resolved?

What views and suggestions have been offered by (a) clinicians and (b) patients on the procedures involved in making cancer treatment drugs available?

Whether there are any cancer treatment drugs available in some NHS Boards but not in others?

What criteria are applied by NHS Boards when considering whether to fund a cancer treatment drug not recommended by the SMC?

What are the conditions and criteria set by NHS Boards to use ‘exceptional prescribing circumstances’ and is any guidance  provided to patients?

Whether it is ethical and appropriate that patients should self-fund and prove the merit of being prescribed a particular drug and to what extent does ECHR apply in the decision making process when a NHS Board is considering a funding request?

What is the reasoning behind the position whereby a person cannot be treated as a private patient and a NHS patient for one condition during a single visit to an NHS organisation?

Does the availability of cancer treatment drugs across NHS Boards fit in with the Scottish Government’s cancer strategy and are there any contradictions between availability and the overarching policy?

Are there any particularly unique issues or considerations that apply in terms of the availability on the NHS of cancer treatment drugs that do not apply in relation to other drugs for terminal illnesses?

The criteria and basis of the formula used to measure both the quality and the quantity of life lived, as a means of quantifying in the benefit of a medical intervention (Qalys);

What consideration is being given to the availability of cancer treatment drugs as part of the Scottish Government’s national discussion on the future of cancer care?

(iii) To invite written evidence from—

• Scottish Government
• Scottish Medicines Consortium
• NHS Quality Improvement Scotland
• National Institute for Health and Clinical Excellence
• Scottish Health Council
• CAB Scotland
• Scotland Patients Association
• Cancer Research UK
• Cancerbackup
• Association of the British Pharmaceutical Industry Scotland
• Scottish Cancer Industry Group
• Royal College of General Practitioners Scotland
• Royal College of Radiologists
• British Medical Association
• All 14 NHS Boards
• UK Department of Health
• Welsh Assembly Government
• Northern Ireland Executive
• Petitioner

(iv) To invite, at this time, the following individuals and organisations to give oral evidence and for the oral evidence hearings to take the form of panel discussions on—

(v) Its proposed inquiry timetable—

 The meeting closed at 5.09 pm.

Fergus D. Cochrane
Clerk to the Committee
Room TG.01, The Scottish Parliament
Edinburgh, EH99 1SP
0131 348 5186
fergus.cochrane@scottish.parliament.uk